By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – Land surveying is covered in the law of the Eastern Band of Cherokee Indians (EBCI) in Cherokee Code Chapter 102. Sec. 102-1(a) states the intent, “To protect the health, safety, and welfare of the members of the Tribe, this chapter is written with the intent of improving the accuracy and consistency of land surveying and mapping activities, and land records, addressing the territory of the Tribe.”
Chapter 102 was established in the Code with the passage of Ord. No. 267 on April 4, 2002. The whereas section of that legislation states the reason it was instituted, “The practices and procedures for surveying land have improved dramatically over the years, despite these improvements, surveyors working for the land department of the Cherokee Agency, U.S. Bureau of Indian Affairs, currently have to rely on ancient surveys that were performed when surveying equipment was rudimentary and procedures were inconsistent.”
That legislation, submitted by the BIA Realty Office, continues, “The standard procedure for mapping re-surveys and parcel divisions has been to create subsequent maps so that the bearing and distance of any line match that of the previously mapped line. This procedure, which is still used, means existing errors are transferred and multiplied from parcel to parcel and on new maps, and the Tribe will benefit by adopting a more modern and accurate survey system.”
In Section 102-2, the EBCI adopted “the system of plane coordinates known as the ‘North Carolina Coordinate System’ established in N.C.G.S. (North Carolina General Statute) Ch. 102, as the official survey base for the territory of the Tribe.”
Sec. 102-3 deals with the hierarchy of corner monuments and lists the priority as follows:
“(1) Natural monuments called for on ancient maps or in ancient documents.
(2) Existing U.S. Bureau of Indian Affairs Cherokee Agency concrete monuments with brass caps found undisturbed.
(3) Existing U.S. Bureau of Indian Affairs Cherokee Agency concrete monuments found undisturbed.
(4) Bureau of U.S. Indian Affairs Cherokee Agency markers found undisturbed (iron pipes with brass caps).
(5) Iron pipes set by the U.S. Bureau of Indian Affairs Cherokee Agency found undisturbed.
(6) Iron rods set by the U.S. Bureau of Indian Affairs Cherokee Agency found undisturbed.
(7) Parker-Kalon or magnetic nails set by the U.S. Bureau of Indian Affairs Cherokee Agency found undisturbed.”
Under EBCI tribal law, it is illegal to tamper with or destroy survey markings. Sec. 102-9 states, “Any person who willfully damages, defaces, destroys, or injures a station, monument or permanent mark of a survey, or imposes any obstacles to the proper, reasonable, and legal use of a station, monument or permanent mark of a survey, is guilty of a misdemeanor punishable by a fine not to exceed $5,000, imprisonment for up to one year, or both, and may be ordered to pay restitution to the injured party.”
Tampering with survey flags was addressed in Ord. No. 407 which was passed on Jan. 3, 2013. The whereas section states in part, “The intentional removal of survey flags has created unnecessary resurvey expenses that increase residential and commercial project construction expense.”
That ordinance, submitted by the EBCI Office of the Attorney General for the Tribal Lands Committee, added Sec. 102-10 which states, “It shall be unlawful for any person to willfully remove a Tribal or U. S. Bureau of Indian Affairs survey flag within 60 days of placement. Any person who willfully removes a survey flag is guilty of a misdemeanor punishable by a fine not to exceed $100 for each day, and each day any single violation continues shall be a separate violation.”
The official website of the EBCI (ebci.gov) describes the current surveying office as follows. “The Tribal Surveying Office is part of the Realty Service Office. Like the Realty Service Office, the Surveying Program is not defined in the Cherokee Code. It was created by administrative action to provide a mechanism for the tribe to survey and identify possessory holdings. These tasks used to be performed by the BIA, but the BIA has determined that those tasks are not part of the agency’s trust responsibilities to the Tribe , and therefore the BIA does not perform these tasks any longer. At this time, Tribal Surveying has one licensed surveyor.”
